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International Trade
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June 19, 2013
Strine Tosses Derivative Suit Over UTC's China Exports
A Delaware Chancery judge on Tuesday threw out a derivative lawsuit filed on behalf of defense contractor United Technologies Corp. that accused its board of directors of allowing then concealing the export of military technology to China, leading to a $55 million civil penalty against the company.
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June 19, 2013
USTR Says Russia's WTO Membership Boosted US Exports
The U.S. Trade Representative's Office said in a Wednesday report to Congress that it is keeping close tabs on Russia's adherence to World Trade Organization rules, and that the country's addition to the WTO last year has boosted U.S. exports.
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June 19, 2013
Senate Confirms Froman As Next US Trade Rep.
The U.S. Senate voted overwhelmingly Wednesday to confirm White House economic adviser Mike Froman as the U.S. trade representative, filling the top spot at the nation's trade office as the administration tries to make good on its ambitious trade agenda.
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June 19, 2013
White House Asks ITC To Probe EU Trade Barriers
Ahead of scheduled talks on a proposed transatlantic free trade agreement, the White House has asked the U.S. International Trade Commission to explore whether regulatory hurdles overseas are limiting small and medium-sized businesses from trading with the European Union.
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June 19, 2013
ITC Bans Imports Of Sex Toys Found To Infringe Patent
The U.S. International Trade Commission on Monday ordered a ban on imports of sex toys made by several companies that the ITC found to infringe a patent held by Standard Innovation Corp.
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June 19, 2013
Fed. Circ. Upholds LCD Patent Win For AUO, Chimei
The Federal Circuit on Wednesday reinforced a U.S. International Trade Commission ruling that AU Optronics Corp. and other liquid crystal display manufacturers didn't infringe five patents that Thomson Licensing SAS had asserted against them, holding that some of the claims were obvious.
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June 19, 2013
UK High Court Nixes Sanctions On Iranian Bank
The U.K.'s highest court on Wednesday overturned the country's sanctions on an Iranian bank that was allegedly linked to Iran's pursuit of nuclear weapons, ruling it was unfair for the government to single out the company for punishment.
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June 19, 2013
Obama, Merkel Promote Free Trade Deal Ahead Of Talks
With difficult talks for a transatlantic free trade agreement set to begin next month, President Barack Obama and German Chancellor Angela Merkel reiterated Wednesday that such a deal would be a boon to both the U.S. and the European Union if completed.
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June 18, 2013
CIT Tells Commerce To Reassess Chinese Paper Duties
The U.S. Court of International Trade ruled Monday that the U.S. Department of Commerce made a number of errors when it imposed anti-dumping duties on Chinese photo paper in 2010, including ignoring a rule on so-called targeted dumping that the court said the agency still should have been enforcing.
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June 18, 2013
Skip Financial Reform In EU Trade Talks, House Dem. Says
Rep. Maxine Waters, D-Calif., told President Barack Obama on Tuesday that next month's free trade agreement negotiations between the U.S. and the European Union shouldn't tackle financial reform issues because the discussion could harm financial reforms that Congress has passed.
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June 18, 2013
Army Corps Won't Perform Sweeping Coal Export Review
The U.S. Army Corps of Engineers on Tuesday rebuffed pleas from environmentalists and lawmakers to perform an overarching environmental review of three proposed coal export terminals in the Pacific Northwest and said it would limit its review of greenhouse gas emissions to the facilities themselves.
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June 18, 2013
Ex-Im Bank Must Explain $3.4B Air India Loan, DC Circ. Says
The D.C. Circuit ruled Tuesday that the Export-Import Bank of the United States didn't properly explain its procedure for measuring whether billions in loans for foreign airlines to buy Boeing Co. jets would harm American competitors like Delta Air Lines Inc.
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June 18, 2013
Mintz Levin Adds Former ITC Atty To IP Group In Washington
Mintz Levin Cohn Ferris Glovsky & Popeo PC has snapped up a former U.S. International Trade Commission investigative attorney for its intellectual property group in Washington, D.C., the firm said Monday.
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June 18, 2013
Chinese Co. Ripped Off Resin Trade Secrets, ITC Judge Says
A U.S. International Trade Commission judge on Monday issued a preliminary ruling that said a Chinese company had stolen a New York company's secret recipe for rubber resins then imported the copycat material into the U.S.
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June 18, 2013
Panama Takes Colombia To WTO Over Import Rules
Panama lodged a formal complaint against Colombia at the World Trade Organization on Tuesday, challenging import measures its southern neighbor imposes on textiles, apparel and footwear.
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June 17, 2013
WTO, Others Warn That Trade Barriers Are Adding Up
The World Trade Organization and other global organizations said Monday that more than 100 restrictive trade measures had been imposed by G20 nations over the past seven months, cautioning the world's top economies that the restrictions would pile up if not removed.
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June 17, 2013
Tyco Pays SEC $13M To Settle Foreign Bribery Charges
A Washington federal judge approved a $13 million settlement between the U.S. Securities and Exchange Commission and Tyco International Ltd. after the company allegedly bribed foreign government officials to secure contracts and hid the illegal payments in its financial records.
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June 17, 2013
US-EU Trade Talks To Begin Next Month, Obama Says
President Barack Obama, British Prime Minister David Cameron and other European Union leaders said Monday negotiations would begin next month on a free trade agreement that could bring $107 billion into the U.S. economy.
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June 17, 2013
ITC Hands Win To Nokia In HTC Patent Infringement Case
The U.S. International Trade Commission has rejected HTC Corp.’s so-called exhaustion defense against Nokia Corp.’s lawsuit accusing the Taiwanese company of importing mobile phones and tablet computers that infringe Nokia patents, according to an order unsealed Friday.
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June 17, 2013
ITC Seeks Savings In Revised Anti-Dumping Probe Rules
The U.S. International Trade Commission will look to cut costs and increase the efficiency of its anti-dumping and countervailing duty investigations with amendments to its procedural rules, it said in a notice to be published Tuesday in the Federal Register.
Expert Analysis
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15 Tips For Navigating The 'Buy American' Maze
Government contracts frequently include restrictions on the country of origin of the products that the government is purchasing, but not all of these “Buy American” requirements are created equal. Understanding how these overlapping statutes interact can stretch your sanity, says David Gallacher of Sheppard Mullin Richter & Hampton LLP.
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New Sanctions Highlight Risk Area For Aviation Industry
The U.S. has added three airlines from Europe and Asia, as well as two individual airline executives and 13 aircraft, to the list of Specially Designated Nationals due to the airlines’ support for Iran Air and Mahan Air of Tehran. This brings attention to the additional avenues through which the U.S. can assert jurisdiction over foreign airlines and aviation industry companies, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.
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How To Get A Pass When A Corruption Problem Occurs
Companies that can demonstrate a truly proactive approach to anti-corruption compliance — both before a problem arises and after an allegation is received — can help themselves obtain the much-desired “declination" from the U.S. government. While a declination can never be guaranteed, companies should take steps now to maximize their options, say attorneys with Paul Hastings LLP.
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Digging Into SEC Mineral Disclosure Policies
Recent U.S. Securities and Exchange Commission rules require resource extraction issuers to disclose annually certain information on payments they make to the U.S. government and foreign governments for the purpose of the commercial development of oil, natural gas or minerals. But while these rules were accompanied by extensive adopting releases, ambiguities remain, resulting in a substantial number of compliance questions, say attorneys with Mayer Brown LLP.
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Catch Me If You Can: How To Serve Foreign Defendants
You are sitting at your desk when your client calls to tell you that his or her customer breached an agreement. As you do your intake, you ask where the customer resides. You learn that the potential defendant has recently moved to “Country X.” Suddenly, what first appeared to be a simple breach of contract case has become a venture into the exotic world of international service of process and jurisdiction, say attorneys with Nossaman LLP.
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How New 'Specially Designed' Definition Impacts Exporters
While a definitional change may seem like a small matter, the U.S. Bureau of Industry and Security has focused heavily on the new definition of “specially designed” in the Export Administration Regulations. This may have far-reaching implications for exporters who must classify items not specifically listed on the Commerce Control List, say attorneys with Nixon Peabody LLP.
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5 FAQs About Burma Investment Reporting Requirements
Businesses and individuals investing directly or indirectly in Myanmar will need to monitor the flow of their capital to identify when reports to the U.S. State Department are required, ensure that they have access to the information required as part of the annual reports, and be aware of what information may be made public, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.
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The Other Pivot: Russian Energy Policy Toward China
In 2010, when the Obama administration announced a new policy of engagement in the western Pacific, known as the “Pivot,” it was clear that China’s quest for secure supply lines for resources, in particular energy, was a key factor. Energy is likewise the driver in another less noticed but quite important pivot that is now fully underway: a shift in Russian energy policy toward China, says Shane DeBeer of Dechert LLP.
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Deep Divides On Domestic Industry At The Federal Circuit
Recent decisions from the Federal Circuit suggest that the rules for establishing a domestic industry at the U.S. International Trade Commission have not really changed yet, but that strong undercurrents on both sides of the issue continue to push for such changes in opposite directions, says Brian Ledahl of Irell & Manella LLP.
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Emerging Trends In International Arbitration
There is a growing concern that arbitration is losing its hallmark characteristics of flexibility and efficiency as proceedings become longer and more expensive. Recent developments show that arbitral institutions are aware of these concerns, and are trying to make innovative changes at all stages of an arbitration, say Alexander Yanos and Viren Mascarenhas of Freshfields Bruckhaus Deringer.